Patna High Court
Shatrughan Paswan @ Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties under Section 482(2) of the BNSS.
Summary
The petitioner, Shatrughan Paswan, sought anticipatory bail after police intercepted a Scorpio vehicle allegedly carrying 200.625 litres of illegal foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the vehicle belonged to another person, the sale agreement linking him was unverified, and the seizure violated Sections 103 and 105 of the Bihar Narcotic and Smuggling Act (BNSS). The State opposed the bail, contending the petitioner was involved in the offence. The court examined the adequacy of the evidence and the procedural compliance of the seizure. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the alleged seizure of illegal liquor.
- Whether the sale agreement and vehicle ownership evidence are sufficient to link the petitioner to the offence.
- Whether alleged violations of Sections 103 and 105 of the BNSS in the seizure process affect the grant of bail.
Legislation cited
- Bihar Narcotic and Smuggling Act (BNSS), 2023 — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illegal foreign liquor
- seizure
- bail bond
- Section 30(a)
- Section 482(2)
- BNSS
- Sections 103 and 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35284 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- BACHHWARA District- Begusarai
======================================================
Shatrughan Paswan @ Shatrudhan Kumar Son of Kamlu Paswan Resident of
Village- Chirayatak, Jamainkot, Ward No. 12, P.S.- Bachwara, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rupesh, Adv
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
1 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bachwara P.S. Case No. 83 of 2026 registered
for the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the FIR, on 13.03.2026, the police
received secret information that Shatrudhan Paswan was
transporting illegal foreign liquor in a Scorpio vehicle towards
Bachwara. Acting on the information, the police intercepted the
vehicle. However, two persons, including Shatrudhan Paswan,
fled from the spot. Upon search, 200.625 litres of illegal foreign
liquor were recovered from the vehicle.
Patna High Court CR. MISC. No.35284 of 2026(1) dt.27-05-2026
2/3
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the seized Scorpio
vehicle belongs to Md. Samshad, and the petitioner has been
implicated merely on the basis of an unverified sale agreement
executed on a stamp paper of Rs. 1,000/-. It is also argued that
the alleged agreement paper recovered from the Scorpio cannot
be linked to the petitioner, and there is no material to establish
his involvement with the seized liquor. It has further been
submitted that no independent witness was present at the time of
seizure, and the seizure list was allegedly prepared in violation
of Sections 103 and 105 of the BNSS. Lastly, it is submitted that
the petitioner has three criminal antecedents, in all of which he
is already on bail. And are ready to abide by all terms and
conditions as may be imposed by this Court while granting the
privilege of anticipatory bail.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.35284 of 2026(1) dt.27-05-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned Learned Exclusive Special Excise Judge-I, Begusarai, in
connection with Bachwara P.S. Case No. 83 of 2026, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
niku/anuj/-
U T
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